Air Navigation (Fourth Amendment) Order 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/2250 |
1988 No. 2250
CIVIL AVIATION
The Air Navigation (Fourth Amendment) Order 1988
Made 21th December 1988
Laid before Parliament 10th January 1989
At the Court at Buckingham Palace, the 21st day of December 1988
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by sections 60 (other than sub-section (3)(r)), 61 and 102 of the Civil Aviation Act 19821and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and commencement
1. This Order may be cited as the Air Navigation (Fourth Amendment) Order 1988 and shall come into force for the purpose of article 2(24), (25), (26), (28), (29), (32), (33), (34), (35), (37) and (38) on 1st April 1989, for the purpose of article 2(44), (49), (52) and (60) on 1st January 1990, for the purpose of article 2(18) on 1st June 1989 and for all other purposes on 31st January 1989.
Amendment of the Air Navigation Order 1985
2. The Air Navigation Order 19852shall be amended as follows:
(1) After article 10(4) there shall be added the following paragraph—
“5 Subject to the provisions of article 61 of this Order, a technical log or such other approved record required by this article shall be preserved by the operator of the aircraft to which it relates until a date two years after the aircraft has been destroyed or has been permanently withdrawn from use, or for such shorter period as the Authority may permit in a particular case.”;
(2) Article 11(7) shall be deleted;
(3) After article 14 there shall be added the following—
“Minimum equipment requirements
14A.—(1) This article shall not apply to equipment required to be carried by virtue of article 35(2) and (3) of this Order.
(2) Subject to paragraph (1) of this article, the Authority may, subject to such conditions as it thinks fit, grant in respect of any aircraft or class of aircraft registered in the United Kingdom a permission permitting such aircraft to commence a flight in specified circumstances notwithstanding that any specified item of equipment (including radio apparatus) required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use.
(3) An aircraft registered in the United Kingdom shall not commence a flight if any of the equipment (including radio apparatus) required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use:
(a)
(a) otherwise than under and in accordance with the terms of a permission under this article which has been granted to the operator, and
(b)
(b) unless in the case of an aircraft to which article 25 of this Order applies, the operations manual required thereby contains the particulars specified at sub-paragraph (xvii) of Part A of Schedule 11 to this Order.”;
(4) For article 18(3)(b) there shall be substituted the following—
“(b)
“(b) On and after 1st January 1990, an aeroplane registered in the United Kingdom and flying for the purpose of public transport in circumstances where the aircraft commander is required to comply with Instrument Flight Rules and having a maximum total weight authorised of 5700 kg or less and powered by—
(i) one or more turbine jets;
(ii) one or more turbine propeller engines and provided with a means of pressurising the personnel compartments;
(iii) two or more turbine propeller engines and certified to carry more than nine passengers;
(iv) two or more turbine propeller engines and certificated to carry fewer than ten passengers, being an aeroplane which is neither provided with a means of pressurising the personnel compartments nor equipped with an autopilot which has been approved by the Authority for the purposes of this article and which autopilot is serviceable on take-off; or
(v) two or more piston engines, being an aeroplane which is not equipped with an autopilot which has been approved by the Authority for the purposes of this article and which autopilot is serviceable on take-off;
shall carry not less than two pilots as members of the flight crew thereof:
Provided that an aeroplane described in sub-paragraphs (iv) or (v) which is equipped with an approved autopilot shall not be required to carry two pilots notwithstanding that before take-off the approved autopilot is found to be unserviceable, if the aeroplane flies in accordance with arrangements approved by the Authority.”;
(5) After article 19(1)(b) there shall be inserted the following—
“(c)
“(c) subject to the provisions of article 20(8) of this Order, act as pilot of an aircraft in respect of which the flight crew required to be carried by or under this Order does not exceed one pilot for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence if—
(i) the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests; and
(ii) he so acts in accordance with instructions given by a person holding a pilot’s licence granted under this Order being a licence which includes a flying instructor’s rating or an assistant flying instructor’s rating entitling him to give instruction in flying the type of aircraft being flown; and
(iii) the aircraft is fitted with dual controls and he is accompanied in the aircraft by the said instructor who is seated at the other set of controls or the aircraft is fitted with controls designed for and capable of use by two persons and he is accompanied in the aircraft by the said instructor who is seated so as to be able to use the controls;
(d)
(d) subject to the provisions of article 20(8) of this Order, act as pilot in command of an aircraft at night if—
(i) he is the holder of an appropriate licence granted or rendered valid under this Order in all respects save that the licence does not include an instrument rating and he has not within the immediately preceding thirteen months carried out as pilot in command not less than five take-offs and landings at a time when the depression of the centre of the sun was not less than 12° below the horizon;
(ii) he so acts in accordance with instructions given by a person holding a pilot’s licence granted under this Order being a licence which includes a flying instructor’s rating or an assistant flying instructor’s rating entitling him to give instruction in flying the type of aircraft being flown by night;
(iii) no person other than that specified in sub-paragraph (ii) above is carried; and
(iv) the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests;
(e)
(e) subject to the provisions of article 20(8) of this Order, act as pilot in command of a balloon if—
(i) he is the holder of an appropriate licence granted or rendered valid under this Order in all respects save that he has not within the immediately preceding thirteen months carried out as pilot in command five flights each of not less than five minutes duration;
(ii) he so acts in accordance with instructions given by a person authorised by the Authority to supervise flying in the type of balloon being flown;
(iii) no person other than that specified in sub-paragraph (ii) above is carried; and
(iv) the balloon is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests.”;
(6) In the proviso to article 20(4)(a) the words“or a Commercial Pilot’s Licence (Balloons)” shall be deleted;
(7) In article 32 after the words“The commander of an aircraft registered in the United Kingdom shall” there shall be inserted the word“reasonably”;
(8) For article 32(b) there shall be substituted the following—
“(i) (b)
“(i) (b) that the equipment (including radio apparatus) required by or under this Order to be carried in the circumstances of the intended flight is carried and is in a fit condition for use, or
(ii) that the flight may commence under and in accordance with the terms of a permission granted to the operator pursuant to article 14A of this Order.”;
(9) After article 32 there shall be added the following—
“Passenger briefing by commander
32A. The commander of an aircraft registered in the United Kingdom shall take all reasonable steps to ensure—
(a) before the aircraft takes off on any flight, that all passengers are made familiar with the position and method of use of emergency exits, safety belts (with diagonal shoulder strap where required to be carried), safety harnesses and (where required to be carried) oxygen equipment and life jackets and all other devices required by or under this Order and intended for use by passengers individually in the case of an emergency occurring to the aircraft; and
(b) in an emergency, that all passengers are instructed in the emergency action which they should take.”;
(10) For the heading to article 34 there shall be substituted the following—
“Public transport of passengers—additional duties of commander”;
(11) Article 34(2)(a) and (f) shall be deleted;
(12) In article 34(2)(e)(i) after the words“by safety belts” there shall be inserted the words“(with diagonal shoulder strap, where required to be carried)”;
(13) In article 34(2)(e)(i) as amended with effect from 1st July 19893after the words“by safety belts” there shall be inserted the words“(with diagonal shoulder strap, where required to be carried)”;
(14) In article 34(2)(g)(iii) the word“continuous” shall be deleted;
(15) In article 34(2)(h)(iii) the word“continuous” shall be deleted;
(16) After article...
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